Title 33 — Navigation and Navigable Waters
Chapter 33A — Marine Debris Research, Prevention, and Reduction
§ 1962. Board of Directors of the Foundation
Statutory text
Establishment and membership
In general
The Foundation shall have a governing Board of Directors (in this title 1 referred to as the “Board”), which shall consist of the Under Secretary and 12 additional Directors appointed in accordance with subsection (b) from among individuals who are United States citizens.
Representation of diverse points of view
To the maximum extent practicable, the membership of the Board shall represent diverse points of view relating to the assessment, prevention, reduction, and removal of marine debris.
Not Federal employees
Appointment as a Director of the Foundation shall not constitute employment by, or the holding of an office of, the United States for the purpose of any Federal law.
Appointment and terms
Recommendations of Board regarding appointments
For appointments made under paragraph (2), the Board shall submit to the Under Secretary recommendations on candidates for appointment.
Appointment
Subject to paragraph (2), after consulting with the EPA Administrator, the Director of the United States Fish and Wildlife Service, the Assistant Secretary of State for the Bureau of Oceans and International Environmental and Scientific Affairs, and the Administrator of the United States Agency for International Development, considering the recommendations submitted by the Board, and with the approval of the Secretary of Commerce, the Under Secretary shall appoint 12 Directors who meet the criteria established by subsection (a), of whom—
at least 4 shall be educated or experienced in the assessment, prevention, reduction, or removal of marine debris, which may include an individual with expertise in post-consumer materials management or a circular economy;
at least 2 shall be educated or experienced in the assessment, prevention, reduction, or removal of marine debris outside the United States;
at least 2 shall be educated or experienced in ocean and coastal resource conservation science or policy; and
at least 2 shall be educated or experienced in international trade or foreign policy.
Terms
Any Director appointed under paragraph (2) shall be appointed for a term of 6 years.
Vacancies
In general
The Under Secretary shall fill a vacancy on the Board with the approval of the Secretary of Commerce.
Term of appointments to fill unexpired terms
An individual appointed to fill a vacancy that occurs before the expiration of the term of a Director shall be appointed for the remainder of the term.
Reappointment
An individual shall not serve more than 2 consecutive terms as a Director, excluding any term of less than 6 years.
Consultation before removal
The Under Secretary may remove a Director from the Board only after consultation with the Assistant Secretary of State for the Bureau of Oceans and International Environmental and Scientific Affairs, the Director of the United States Fish and Wildlife Service, the Administrator of the United States Agency for International Development, and the EPA Administrator and with the approval of the Secretary of Commerce.
Chairman
The Chairman shall be elected by the Board from its members for a 2-year term.
Quorum
A majority of the current membership of the Board shall constitute a quorum for the transaction of business.
Meetings
The Board shall meet at the call of the Chairman at least once a year. If a Director misses 3 consecutive regularly scheduled meetings, that individual may be removed from the Board and that vacancy filled in accordance with subsection (b).
Reimbursement of expenses
Members of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Foundation.
General powers
In general
The Board may complete the organization of the Foundation by—
appointing the initial officers and employees;
adopting a constitution and bylaws consistent with the purposes of the Foundation and the provisions of this title; 1 and
undertaking of other such acts as may be necessary to carry out the provisions of this title.1
Limitations on appointment
The following limitations apply with respect to the appointment of officers and employees of the Foundation:
Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service. Officers and employees of the Foundation shall be appointed without regard to the provisions of title 5 governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.
The first officer or employee appointed by the Board shall be the Secretary of the Board who—
shall serve, at the direction of the Board, as the chief executive officer of the Foundation; and
shall be knowledgeable and experienced in matters relating to the assessment, prevention, reduction, and removal of marine debris.
Chief executive officer
Appointment; removal; review
The Board shall appoint and review the performance of, and may remove, the chief executive officer of the Foundation.
Powers
The chief executive officer of the Foundation may appoint, remove, and review the performance of any officer or employee of the Foundation.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Marine Debris Research, Prevention, and Reduction Act
Pub. L. 109–449 § 112 · 120 Stat. 3333
Enacted · 33 U.S.C. § 1962
Pub. L. 109–449, § 112, formerly Pub. L. 116–224, title I, § 112, Dec. 18, 2020, 134 Stat. 1075
Source evidence
Code source credit
Pub. L. 109–449, § 112, formerly Pub. L. 116–224, title I, § 112, Dec. 18, 2020, 134 Stat. 1075Pub. L. 119–65 § 3(d)(1)(B) · 139 Stat. 1987
Redesignated · 33 U.S.C. § 1962(b)(1)
Pub. L. 119–65, § 3(d)(1)(B), added par. (1). Former par. (1) redesignated (2)
Unresolved: Pub. L. 119–65 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 119–65, § 3(d)(1)(B), added par. (1). Former par. (1) redesignated (2).Pub. L. 119–65 § 3(d)(1)(A) · 139 Stat. 1987
Redesignated · 33 U.S.C. § 1962(b)(2)
Pub. L. 119–65, § 3(d)(1)(A), (C), redesignated par. (1) as (2) and, in introductory provisions
Substituted · 33 U.S.C. § 1962(b)(2)
Pub. L. 119–65, § 3(d)(1)(A), (C), substituted “considering” for “and considering”
Inserted · 33 U.S.C. § 1962(b)(2)
Pub. L. 119–65, § 3(d)(1)(A), (C), inserted “and with the approval of the Secretary of Commerce,” after “by the Board,”
Unresolved: Pub. L. 119–65 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 119–65, § 3(d)(1)(A), (C), redesignated par. (1) as (2) and, in introductory provisions, substituted “considering” for “and considering” and inserted “and with the approval of the Secretary of Commerce,” after “by the Board,”.Pub. L. 119–65 § 3(d)(1)(A) · 139 Stat. 1987
Redesignated · 33 U.S.C. § 1962(b)(3)
Pub. L. 119–65, § 3(d)(1)(A), (D), redesignated par. (2) as (3)
Amended · 33 U.S.C. § 1962(b)(3)
Pub. L. 119–65, § 3(d)(1)(A), (D), amended it generally. Prior to amendment, par. related to length of terms of Directors and initial appointments to new member positions
Unresolved: Pub. L. 119–65 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 119–65, § 3(d)(1)(A), (D), redesignated par. (2) as (3) and amended it generally. Prior to amendment, par. related to length of terms of Directors and initial appointments to new member positions.Pub. L. 119–65 § 3(d)(1)(A) · 139 Stat. 1987
Redesignated · 33 U.S.C. § 1962(b)(4)
Pub. L. 119–65, § 3(d)(1)(A), redesignated par. (3) as (4). Former par. (4) redesignated (5)
Unresolved: Pub. L. 119–65 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 119–65, § 3(d)(1)(A), redesignated par. (3) as (4). Former par. (4) redesignated (5).Pub. L. 119–65 § 3(d)(1)(E) · 139 Stat. 1987
Inserted · 33 U.S.C. § 1962(b)(4)(A)
Pub. L. 119–65, § 3(d)(1)(E), inserted “with the approval of the Secretary of Commerce” after “the Board”
Unresolved: Pub. L. 119–65 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(4)(A). Pub. L. 119–65, § 3(d)(1)(E), inserted “with the approval of the Secretary of Commerce” after “the Board”.Pub. L. 119–65 § 3(d)(1)(A) · 139 Stat. 1987
Redesignated · 33 U.S.C. § 1962(b)(5)
Pub. L. 119–65, § 3(d)(1)(A), redesignated par. (4) as (5). Former par. (5) redesignated (6)
Unresolved: Pub. L. 119–65 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 119–65, § 3(d)(1)(A), redesignated par. (4) as (5). Former par. (5) redesignated (6).Pub. L. 119–65 § 3(d)(1)(A) · 139 Stat. 1987
Redesignated · 33 U.S.C. § 1962(b)(6)
Pub. L. 119–65, § 3(d)(1)(A), (F), redesignated par. (5) as (6)
Inserted · 33 U.S.C. § 1962(b)(6)
Pub. L. 119–65, § 3(d)(1)(A), (F), inserted “the Administrator of the United States Agency for International Development,” after “Service,” and “and with the approval of the Secretary of Commerce” after “EPA Administrator”
Unresolved: Pub. L. 119–65 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(6). Pub. L. 119–65, § 3(d)(1)(A), (F), redesignated par. (5) as (6) and inserted “the Administrator of the United States Agency for International Development,” after “Service,” and “and with the approval of the Secretary of Commerce” after “EPA Administrator”.Pub. L. 119–65 § 3(d)(2)(A) · 139 Stat. 1987
Substituted · 33 U.S.C. § 1962(g)(1)(A)
Pub. L. 119–65, § 3(d)(2)(A), substituted “the initial officers and employees” for “officers and employees”
Unresolved: Pub. L. 119–65 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (g)(1)(A). Pub. L. 119–65, § 3(d)(2)(A), substituted “the initial officers and employees” for “officers and employees”.Pub. L. 119–65 § 3(d)(2)(B) · 139 Stat. 1987
Substituted · 33 U.S.C. § 1962(g)(2)(B)(i)
Pub. L. 119–65, § 3(d)(2)(B), substituted “the chief executive officer of the Foundation” for “its chief operating officer”
Unresolved: Pub. L. 119–65 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (g)(2)(B)(i). Pub. L. 119–65, § 3(d)(2)(B), substituted “the chief executive officer of the Foundation” for “its chief operating officer”.Pub. L. 119–65 § 3(d)(3) · 139 Stat. 1987
Added · 33 U.S.C. § 1962(h)
Pub. L. 119–65, § 3(d)(3), added subsec. (h)
Unresolved: Pub. L. 119–65 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (h). Pub. L. 119–65, § 3(d)(3), added subsec. (h).
0 of 15 references resolved to an enrolled provision · 1 partial · 14 unresolved
Editorial Notes
References in Text
This title, referred to in subsecs. (a)(1) and (g)(1)(B), (C), means title I of Pub. L. 116–224, , 134 Stat. 1074. This subchapter and subchapter III of this chapter were originally enacted as subtitles B and C, respectively, of title I of Pub. L. 116–224 and were transferred to subtitles B and C, respectively, of Pub. L. 109–449 by Pub. L. 119–65, §§ 3(a), 4(a), , 139 Stat. 1987, 1989. Consequently, the reference to “this title” probably should be to “this subtitle and subtitle C”.
Codification
Section was formerly classified to section 4212 of this title prior to renumbering by Pub. L. 119–65.
Amendments
2025—Subsec. (b)(1). Pub. L. 119–65, § 3(d)(1)(B), added par. (1). Former par. (1) redesignated (2).
Subsec. (b)(2). Pub. L. 119–65, § 3(d)(1)(A), (C), redesignated par. (1) as (2) and, in introductory provisions, substituted “considering” for “and considering” and inserted “and with the approval of the Secretary of Commerce,” after “by the Board,”.
Subsec. (b)(3). Pub. L. 119–65, § 3(d)(1)(A), (D), redesignated par. (2) as (3) and amended it generally. Prior to amendment, par. related to length of terms of Directors and initial appointments to new member positions.
Subsec. (b)(4). Pub. L. 119–65, § 3(d)(1)(A), redesignated par. (3) as (4). Former par. (4) redesignated (5).
Subsec. (b)(4)(A). Pub. L. 119–65, § 3(d)(1)(E), inserted “with the approval of the Secretary of Commerce” after “the Board”.
Subsec. (b)(5). Pub. L. 119–65, § 3(d)(1)(A), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Subsec. (b)(6). Pub. L. 119–65, § 3(d)(1)(A), (F), redesignated par. (5) as (6) and inserted “the Administrator of the United States Agency for International Development,” after “Service,” and “and with the approval of the Secretary of Commerce” after “EPA Administrator”.
Subsec. (g)(1)(A). Pub. L. 119–65, § 3(d)(2)(A), substituted “the initial officers and employees” for “officers and employees”.
Subsec. (g)(2)(B)(i). Pub. L. 119–65, § 3(d)(2)(B), substituted “the chief executive officer of the Foundation” for “its chief operating officer”.
Subsec. (h). Pub. L. 119–65, § 3(d)(3), added subsec. (h).
Credits
2020–2025 · 2 acts
- 2020Pub. L. 109–449, § 112, formerly Pub. L. 116–224, title I, § 112, , 134 Stat. 1075
- 2025renumbered Pub. L. 109–449, § 112, and amended Pub. L. 119–65, § 3(a), (d), , 139 Stat. 1987.
Show as published
(Pub. L. 109–449, § 112, formerly Pub. L. 116–224, title I, § 112, , 134 Stat. 1075; renumbered Pub. L. 109–449, § 112, and amended Pub. L. 119–65, § 3(a), (d), , 139 Stat. 1987.)